判決理由書／裁決書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判決理由書／裁決書為準。
The judgment states that at approximately 17:12 on 6 October 2019, within the section of Hennessy Road in Wan Chai, including Stubbs Road and Canal Road West, over five hundred protesters escalated from an unlawful assembly into a riot. On the road and pavement, they dug up bricks, dismantled railings, set fire to debris and erected roadblocks, and threw petrol bombs and aimed laser beams at police lines, using an umbrella formation to hinder police dispersal. Police officers issued multiple warnings, displayed flags and fired tear gas. They then carried out a sectional sweep along Hennessy Road, arresting several protesters and recovering evidence such as gas masks, face masks, wrenches, spray paint and laser devices from their persons and backpacks. Nine individuals were charged with riot, possession of offensive weapons, wilful damage to property and masking offences.
In accordance with the Public Order Ordinance and relevant criminal statutes, consideration is given to the degree of disruption to public order caused by the riot, the use of offensive weapons, the planning of the actions and the absence of previous convictions.
The defendant participated in a sustained and violent riot, was carrying multiple items capable of causing injury or property damage, posed a significant threat to public peace and thus warrants a strong deterrent.
The riot in this case was extensive and prolonged, with demonstrators using violent and clearly organised tactics, and repeated police warnings went unheeded. Public order was severely undermined and harsh punishment is warranted, with individual sentencing tailored to the specific circumstances of each defendant.
All defendants were found guilty, and the court has postponed sentencing to await the submission of sentencing reports and relevant background investigations of the defendants, with sentences to be announced in due course. (Translated from Chinese to English by AI)
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判刑理由書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判刑理由書為準。
The judgment states that on 6 October 2019 the defendant took part in a protest along Hennessy Road in Wan Chai which escalated into a riot. That afternoon about 500 protesters gathered at the scene, dismantled iron railings, dug up bricks to create roadblocks and hurled petrol bombs and burning debris, causing traffic gridlock and property damage. The defendant was filmed picking up bricks and standing at the front line of the umbrella shield formation; he was later apprehended by the police, who found a half-face gas mask and arm sleeves on him. The defendant pleaded guilty to two charges: rioting and using a covering during an unlawful assembly.
According to the Court of Appeal’s guidelines, sentencing must take into account factors such as the scale of the riot, number of participants, use of weapons, duration, extent of damage caused and the role of the participant, while balancing punitive and deterrent objectives.
The defendant was at the front line, actively digging up bricks and confronting the police. Although there is no evidence he threw any weapons, his conduct intensified the level of violence; his plea was entered at a late stage, granting him only a 25% reduction in his sentence; a severe penalty is required to uphold the rule of law.
The judge emphasised the seriousness of a riot targeting law enforcement officers and noted that the violent conduct needlessly disrupted social tranquillity. A harsh sentence is necessary to serve as a warning and to maintain public order and the spirit of the rule of law.
The defendant was sentenced to 43 months’ imprisonment for the two charges. (Translated from Chinese to English by AI)
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